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2 Ind. Legal F. 336 (1968-1969)
The Cotner Case: Indiana Witch Hunt

handle is hein.journals/indilr2 and id is 344 raw text is: THE COTNER CASE: INDIANA WITCH HUNT INTRODUCTION In July, 1965, Charles Cotner was found guilty of violating the In- diana sodomy statute,' the abominable and detestable crime against nature, by committing an act of anal intercourse with his wife.- For this crime he was sentenced to the statutory term of two to fourteen years imprisonment. The affidavit upon which Cotner was found guilty and sentenced charged: That on or about the seventh of May, 1968, at and in the County of Jasper, in the state of Indiana, Charles 0. Cotner did then and there unlawfully and feloniously commit the abomin- able and detestable crime against nature with one Jeane Cotner, a human being, contrary to the form of the statute in such cases made and provided and against the peace and dignity of the State of Indiana. ss: Jeane Cotner When Cotner appeared for arraignment he refused a court-appointed at- torney because he believed he would be able to obtain his own counsel. Before his second appearance his wife told him that she was going to drop the charges.3 During his second appearance he asked the court, My wife changed it didn't she? She said she was going to drop the charge. The judge replied, Well, your wife hasn't any right to change anything. The State of Indiana is the Plaintiff and not your wife. Cotner, still without an attorney, pleaded guilty because he thought that in this enlightened age he would be given either a suspended sentence or a short term of imprison- ment.4 When Cotner appeared for sentencing, the judge asked him if there were any legal reasons why the court should not pronounce sentence upon him. He answered the question in the only way he knew. Well, the only reason I can think of is that I have five kids and my wife would have a hard time making it if I would get time out of it. The court then pronounced sentence. 1. IND. ANN. STAT. §10-4221 (1956). 2. The external facts surrounding Cotner's arraignment and sentencing are taken from the file on Cotner's application for a writ of habeas corpus in the District Court for the Southern District of Indiana, Cause Number 67-C-248, and from the official report of his appeal, Cotner v. Henry, 394 F.2d 873 (7th Cir.), cert. denied, 21 L. Ed. 118 (1968). The internal facts, which are not officially reported, are derived from a letter written by Cotner to the 'Playboy Forum PLAYBOY, July, 1968, at 45. From the combination of these sources the complete story of Cotner's conviction can be gleaned. The unreported facts are set off from the reported facts by footnotes. 3. PLAYBOY FoRuI, Playboy, July, 1968 at 45. 4. Id.

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